TaxTMI 
TaxTMI 
1996 (2) TMI 535
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....vidence Act, 1872 (for short "Evidence Act") based on the decision of this Court in Hanumant vs. The state of Madhya Pradesh, AIR 1952 SC 343 = 1952 SCR 1091, and the Trial Court upheld that objection. Criminal Revision No.105 of 1987 was filed in the Delhi High Court by the prosecution challenging that order. The Delhi High Court has dismissed the revision, hence this appeal by special leave. The Present criminal appeal came up for hearing before a Division Bench comprising of two learned Judges of this Court. The correctness of the observations in Hanumant's case by a Bench of three learned Judges on this point was doubted and reconsideration thereof was sought on behalf of the appellant. Accordingly, by order dated March 22, 1990 the Division Bench took the view that this important question of law involved in this appeal should be considered and decided by a larger Bench. This question of law is the only point involved for decision in this appeal and the decision thereon would dispose of the appeal. In Hanumant (supra), while dealing with one of the arguments advanced therein, it was stated thus: "Next it was argued that the letter was not typed on the office typewr....
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....ger impressions] (Ins. by Act 5 of 1899, S. 3), are relevant facts. Such persons are called experts." Illustration (c) to Section 45 is as under: "(c) The question is, whether a certain document was written by A. Another document is produced which is proved or admitted to have been written by A. The opinions of experts on the question whether the two documents were written by the same person or by different persons are relevant." The plain meaning of Section 45 is that the Court in order to form an opinion upon a point of foreign law, or of science, or art, or as to identity of handwriting, or finger impressions can treat the opinion upon that point of person specially skilled in such foreign law, science or art, or in questions as to identity of - handwriting, or finger impressions as relevant facts. In other words, the opinion of persons specially skilled in such foreign law, science, or art, or questions as to the identity of handwriting or finger impression, called experts therein, are relevant facts. The opinion of such experts is admissible in evidence as relevant facts by virtue of Section 45 of the Evidence Act. In our opinion, irrespective of the view taken ....
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....t, and measurement, and the formulation of laws to describe these facts in general terms. 2. the knowledge so obtained or the practice of obtaining it. 3. any particular branch of this knowledge: the pure and applied sciences. 4. any body of knowledge organized in a systematic manner. 5. skill or technique..." It is clear from the meaning of the word 'science' that the skill or technique of the study of the peculiar features of a typewriter and the comparison of the disputed typewriting with the admitted typewriting on a particular typewriter to determine whether the disputed typewriting was done on the same typewriter is based on a science study of the two typewritings with reference to the peculiarities therein; and the opinion formed by an expert is based on recognized principles resulting the scientific study. The opinion so formed by a person having the requisite special skill in the subject is, therefore, the opinion of an expert in that branch of the science. Such an opinion is the opinion of an expert in a branch of science which is admissible in evidence under Section 45 of the Indian Evidence Act. There cannot be any doubt that the opinion of an expert in....
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....ion that Parliament was catering long ago for a state of affairs that did not then exist is no argument against that construction. Parliament, in the wording of an enactment, is expected to anticipate temporal developments. The drafter will try to foresee the future, and allow for it in the wording. xxx xxx xxx An enactment of former days is thus to be read today, in the light of dynamic processing received over the years, with such modification of the current meaning of its language as will now give effect to the original legislative intention. The reality and effect of dynamic processing provides the gradual adjustment. It is constituted by judicial interpretation, year in and year out. It also comprises processing by executive officials." There cannot be any doubt that the Indian Evidence Act, 1872 is, by its very nature, an 'ongoing Act.' It appears that it was only in 1874 that the first practical typewriter made its appearance and was marketed in that year by the E. Remington and Sons Company which later became the Remington typewriter - Obviously, in the Indian Evidence Act enacted in 1872 typewriting could not be specifically mentioned as a means of writ....
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.... the specimens from the known machine are of a suitable kind. This is true because every typewriter when it comes off the assembly line is an individual and writes exactly like no other typewriter. When a typewriter is brand new the differences between it and other typewriters coming off the assembly line at the same time are extremely minute and elusive, but theoretically at least there are identifying differences that can be discovered by microscopic examination and demonstrated photographically. Furthermore, the more a typewriter is used the more individualistic it becomes and the easier it is to identify its typewriting. In some instances through overuse, misuse, or abuse a typewriter develops so many peculiarities that its typing can be identified readily with the naked eye." (page 636) In `Law of Disputed and Forged Documents' by J. Newton Baker, while dealing with the basic principles of identification of Typewriting generally it is stated: " Since typewriting possesses individuality it can be compared and identified in the same manner as handwriting. ..........." Therein while discussing individuality of typewriting, it is stated thus : "The individuality of....
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.... It is, therefore, clear that the examination of typewriting and identification of the typewriter on which the questioned document was typed is based on a scientific study of certain significant features of the typewriter peculiar to a particular typewriter and its individuality which can be studied by an expert having professional skill in the subject and, therefore, his opinion on that point relates to an aspect in the field of science which falls within the ambit of Section 45 of the Indian Evidence Act. Such opinion evidence of experts in the field has long been treated as admissible evidence in similar jurisdictions like United States as is evident from these standard text books on the subject. In the present case, even without resort to the word handwriting' in Section 45 to include typewriting therein, in the view we have taken, the word 'science' is wide enough to meet the requirement of treating the opinion of a typewriter expert as an opinion evidence coming within the ambit of Section 45 of the Evidence Act. We may, however, add that the long accepted practice of Judicial construction which enabled the reading of the word 'telegraph' to include &#....